2021 S.D. Legislature: SD Legislature’s Rules Review Committee takes look at variety of issues

As the summer is coming to an end the work of the Legislature continues. On Monday of this week the Rules Review Committee will have heard testimony in regard to a variety of agency matters. Some of the issues being addressed will include review of proposed rules from the Department of Social Services amending rules to add a definition for telehealth; update rules to continue telemedicine and audio-only flexibilities beyond the pandemic; and update billing practices.

Prior to the pandemic the use of “Telehealth” was developing, but the pandemic forced providers to deliver innovative healthcare and that included the use of remote patient meetings. The result will be savings of time and travel for the consumers and the increased ability for healthcare workers to accomplish even more in a shorter period of time. 

As part of the ongoing cleanup of existing Rules, the South Dakota Electrical Commission (Department of Labor and Regulation) has proposed a repeal of unnecessary rules and the adoption of additional rules to increase revenues to match current expenses (fee increases). They are also revising other rules which affect the installation process for residential heating plants and residential houses moved to a new location.  

Some states have less oversight of electrical work, but South Dakota tends to be more likely to regulate and that results in the need for the Rules Review committee convening to ensure that proper notice provisions were followed to modify these rules and regulations. That doesn’t always mean that the Legislature saw a need for the modifications, but Rules Review ensures that the process for rule changes was followed.

There will also be Rules Review for the Department of Public Safety concerning adoption of various national standards for the handling of energy and construction materials. There will also be rules about commercial vehicles and adopting new Federal rules and regulations for certain industries.  

There will be rules in regard to the Department of Game, Fish and Parks for special hunting areas and seasons for various types of game that can be taken including antelope, river otter, and beaver.

There will be rules in regard to certain banking activities and rules in regard to gaming. It seems that there has always been a nearly endless lineup of rules about gambling, but now we are adding to that mix the entirely new area of ‘sports betting’. The gambling industry is very technical, very regulated, and very profitable. All of these components of the state’s oversight of gambling have grown out of the influence of national lobbying efforts which yield unbelievable industry profit at the expense of the health and wellbeing of individuals and families.  

These are just a few examples of how regulated our state has become. We can all agree that we want to enjoy services that are consistent and well developed. However, we also want a government that is more “hands off”.  It is a difficult balance to achieve, and especially difficult when we add into the mix activities that used to be considered vice. Whether it is gambling, alcohol, or now marijuana, there is a need to fend off organized crime and, to a certain extent, protect people from their own addictions.  

When our country was in its infancy there was a shared morality that provided an implied structure within our country. In every society it has been clear that individuals will either be controlled from “within” or from “without”. Meaning that society needs fewer laws when individuals can control their own behavior and do what is best for others. Unfortunately, the more our shared values have eroded the more we have become governed from “without”, meaning that we are subject to more and more laws as individuals and society becomes less inclined to the highest and best personal behavior and goals.  

I again encourage everyone to inform yourself as to what is happening in state government by going to www.sdlegislature.gov.